The Environment Matters: Important Changes made to NSW Environment Protection

In step with current trends to update environmental legislation and expand the scope of liability for environmental offences, the NSW parliament has recently passed some important changes to environmental legislation administered by the NSW Environment Protection Authority (EPA).

Among its stated aims is to prevent persons and businesses from using corporate structures to circumvent environmental laws. The legislation has increased the exposure of directors and companies to liability for environmental offences and an increased risk of regulatory action by the EPA.

These significant legislative changes are designed to keep pace with changing behaviours and underpin the polluter-pays principle.

Key amendments to be aware of

Legislative amendments include:

• Impact on five pieces of environmental legislation, including changes to the Protection of the Environment Act 1997 and the Contaminated Land Management Act 1997
• Increase the independence of the EPA with it being no longer subject to the control and direction of the Minister for Energy and Environment. The Minister can give only directions of a “general nature”
• Siignificant broadening of the powers of the EPA, particularly against current and former directors of licensed activities and related corporate bodies;
• Strengthening dumping and contamination laws
• Lowering thresholds for the issue of clean-up notices and prevention notices
• Raising penalties for numerous environmental offences

Contact our Land and Environment Court Solicitors Sydney, NSW

Szabo & Associates Solicitors are experienced practitioners in respect of planning and environmental law disputes. Please call us on 02 9281 5088 or complete the online contact form.